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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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Daughter getting a divorce in Texas, as of Feb 2015 separation.

Customer Question

Daughter getting a divorce in Texas, as of Feb 2015 separation. They have been married 10 years. Husband said she gets the truck, 2002 Silverado (that I just paid 900 to have brakes and tires put on it) and he gets the house (according to him).
They have two kids, 8 and 4. They are having joint custody but he wants primary so she can't take them to WA state (where her family lives) without his permission. He said it is for his reassurance, even though she would never do that to him, other than for a vacation to see grandma.
The house was a "shell" they bought 3 years ago, and moved on to land they are buying from his step dad. (his mother is recently deceased). Since they filed the papers, he said he is "letting" her live there (his words), and only gives her $25 a week for gas. He now expects her to look for a job, (she has been a stay a home mom per his request for the past 5 years) and still pick the kids up from school/daycare by 2:30 and 4pm.
Questions are: Doesn't she have a legal right to half the house...even if he lives there for 30 years? Can he MAKE her move out of the house? Isn't he still financially responsible for her until she can get a job and an place to live?
She is in Texas with no relatives of her own. I am trying to assist her from Wa state.
Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
I need a little clarification, however
1 - He owned the house prior to their marriage?
2 - She has been a stay at home Mom?
3 - Does she have any education or skills that will allow her to obtain employment ?
Thank you for your patience while I get clear on the facts.
Customer: replied 1 year ago.
No, they have been married for 10 years. They just bought the shell of the house 3 years ago. He (& my daughter)t has been doing the work on the house themselves. He is a DIY project. She always worked before they had kids, then she stayed home to raise the kids. Plus daycare would have taken her whole paycheck. She has no formal education. She was promoted up to Head cashier at Home Depot and employee of the month, back when she work up to the 81/2th month of her first pregnancy, 8 years ago. She is looking to go to work at Home Depot or a bank etc...but he works a fulltime job, Monday thru Friday (sometimes Saturday too) 7 to 5:30, so the responsibility of the kids are on her. The 8 yr. old just got out school and is doing a summer school reading program and has to be picked up by 2:30. The 4 yr. old was just recently put in daycare, so she could look for work. But It is hard to get hired when you have to pick a kid up at 2:30. Their divorce is suppose to be finalized next week! It was filed as uncontested, and my daughter had to go along with it, as he won't let her take the kids to see me July 7th. A trip that was previously planned and he bought the plane tickets. I have not seen the kids nor my daughter for 3 years. It kept getting postponed due to his mothers passing and the house building.
Expert:  Samuel II replied 1 year ago.
Hello
Thank you
Texas is a Community Property state and anything they buy while married is shared 50/50 and he cannot simply throw her out of her home.
And he cannot tell her to go get a job. And I suggest she not do that now.
Also, she can file for sole custody and temporary use and possession of the home and also temporary spousal support and child support. He cannot simply throw her out. She should not leave the home and she should be filing in court at this time to have him removed with those temporary orders.
I suggest she does not want to get a job at this time.
Please let me know what other questions you have
Thank you
Customer: replied 1 year ago.
Is there anyway we can talk on the phone?
Expert:  Samuel II replied 1 year ago.
I do not participate in the phone calls offered by this site
Expert:  Samuel II replied 1 year ago.
It seems as though he has forced her into agreeing to the divorce. And she really should consult with a local attorney to have this Uncontested divorce stopped at this time, based on his duress.
Expert:  Samuel II replied 1 year ago.
She should not sign anything else at this time. If she wants that house, she can get it, at least on the temporary basis. And in addition she can travel with the children on vacation. I suggest, she can have the divorce stopped because he is putting her under duress. But she needs to have a local attorney. She should be getting spousal support, child support, part of the house. He sounds like a bully and if she cannot afford a private attorney, I suggest, she contact Legal Aid in her county and they can help her.
Expert:  Samuel II replied 1 year ago.
She is entitled to 50 % of whatever equity is in the home.
Expert:  Samuel II replied 1 year ago.
Here is a LINK you can click on to get information on Texas Legal Aid
Customer: replied 1 year ago.
She lives in a very small town, not a lot of lawyers available. That is why I am doing this. Are you licensed in Texas?
Expert:  Samuel II replied 1 year ago.
HelloThank you. Professionals on this site are precluded from representing customers on this siteI suggest you use this LINK And see if there is a legal clinic nearby in her county. Her husband is taking advanage of her and if she does not get a consultation with an attorney nearby, he could take her for everything. Try the legal aid law clinics.
Expert:  Samuel II replied 1 year ago.
There are also HOTLINES she can call Austin Bar AssociationThe Austin Bar Association offers its LegalLine on the 1st Tuesday of each month from 5:30 p.m. to 7:30 p.m. The phone number to call is(###) ###-####Dallas Bar AssociationThe Dallas Bar Association offers its LegalLine on the 2nd and 3rd Wednesday of each month from 5:30 p.m. to 8 p.m. The phone number to call is(###) ###-####Houston Bar AssociationThe Houston Bar Association offers its LegalLine on the 1st and 3rd Wednesday of each month from 5 p.m. to 9 p.m. The phone number to call is(###) ###-#### ***** service is also offered in Spanish on the 1st Thursday of each month from 6 p.m. to 8 p.m. at the same phone number.Tarrant County Bar AssociationThe Tarrant County Bar Association offers its LegalLine on the 2nd and 4th Thursday of each month from 6 p.m. to 8 p.m. The phone number to call is(###) ###-####
Expert:  Samuel II replied 1 year ago.
And they can help her find a Pro bono attorney or an attorney nearby who will be able to stop this uncontested divorce and get her on the right track. OR find an attorney who will be willing to work out a payment plan and the husband could be responsible for those fees.